Terms and conditions
1. Definitions
In this Agreement, “Change”, “Change Design” and “me” shall be Change Design Limited and “the Client” or “you” shall be any person, company or entity who enters into a contract with Change Design. Change Design’s estimate and any subsequent contract entered into will be subject exclusively to the Terms and Conditions set out below.
2. Starting the job
By contracting with Change Design to design for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by the version of these Terms and Conditions at the time of contracting.
A job is confirmed when Change Design receives an email from you stating clearly that you are commissioning the work. If you are contracting with Change Design on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company.
3. Quotations
Projects are agreed on an hourly rate or price-per-project basis unless otherwise specified.
Change Design will produce an estimate of charges to deliver designs based on the information supplied by you. Change Design reserves the right to amend this fee if your requirements change. Additional amends, changes, and extensions to the project are charged at an agreed rate, except if specified otherwise.
4. Payment
Change Design reserves the right to levy a 20% deposit on any project undertaken. Unless otherwise agreed, payment is due on receipt of delivery of the finished project. Payment is due within 30 days of receipt of invoice. For projects lasting several months, Change Design may require staged payments.
5. Rejection
If Change Design is commissioned by you to design a visual and thereafter you decide not to continue further design work or decide at any stage that you will finish the work yourself or use another agency, Change Design reserves the right to charge you for the time spent on the project and payment terms will apply.
6. Late Payment
Client accounts which are outstanding after 30 days will be put ‘on hold’. No further work will be carried out until full payment is received. Future work may require a 50% deposit or payment in advance.
Payments which are outstanding after 30 days will attract an interest surcharge to cover costs of recovery. Change Design may exercise the right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. This includes the possibility of the Client being referred to a debt collection agency and being subject to a claim being made in the Small Claims Court.
Clients who are consistently late payers will be asked to pay an up-front deposit or full payment in advance before any new project can be started.
7. Ownership and intellectual property
If you supply Change Design with research, copy or images taken from someone else’s printed media or site, you must specify whether you have obtained permission or licenses to use this material and you indemnify Change Design against any action arising as a result of using this content as reference material.
On completion of the project and after final payment is received, Change Design will cede to the client all rights to the design in the form for which it was originally intended.
Copyright is owned by Change Design until full payment is received.
If the client defaults on payment, any design by Change Design cannot be used until full payment is made.
9. Partnership
Change Design expects to work in partnership with clients. Both parties agree to work together to complete the project to the agreed timescale. The client will provide Change Design with the appropriate information to fulfil the brief.
11. Testimonials and Examples
Change Design may approach a client after a project is complete for a testimonial to be included in their portfolio, marketing information, or website.
Change Design may use all or part of a completed project in her portfolio, marketing information, or web site unless the client specifically declines.
12. Errors and literals
Change Design shall make every effort to ensure designs are free from spelling and other mistakes. It is the clients responsibility to proof read and do final content checks before approval of artwork.
Any such errors that are overlooked by Change Design at the time of the final submission will be corrected free of charge without acceptance of liability for any costs you incurred as a result of those errors.
17. Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party.
19. Applicable Law
The agreement and these terms and conditions shall be governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the courts of England and Wales.